Hello friends! Have you ever wondered how painful it can be for a person to stay in jail for a long time without being convicted, without any conclusion? The answer to this question has been given by the Supreme Court in an important decision recently. The court said that if an accused remains in jail for six to seven years without any hearing, then it is a violation of his right to “speedy trial”, which is available under Article 21 of the Constitution.
What was the case?
This was the case of the accused who was accused under the Unlawful Activities (Prevention) Act (UAPA) and was in jail for about five years. During this time, neither any verdict was given nor he got bail. The Supreme Court accepted his bail plea and decided that the rights of the accused were violated in this long-running trial. The court also expressed serious concern that many times the number of witnesses in the trial is excessive, which only serves to increase the time. The court termed this as an “undesirable delay” and suggested that the prosecution agencies should take this into account and expedite the trial process.
The Supreme Court humane approach
The Supreme Court Justices J.B. Pardiwala and R. Mahadevan, while considering the bail of the accused, said that prolonged trials have a profound effect on the mental state of the accused. Justice Pardiwala said, “If the accused is pronounced a verdict after six to seven years while he is in jail, then it can certainly be said that his right to a ‘speedy trial’ has been violated.” He also said, “The mental stress caused due to prolonged trials is very painful for the accused.” They also feel that continuous long-term imprisonment can bring many negative changes in the life of the accused. He may lose his job, family relationships may sour, and sometimes a person may even lose his social status. In such a situation, if the accused is proven innocent in the end, then he has to struggle a lot to restart his life.
Message of the court
This decision of the Supreme Court is a message to society that we all need to understand the delay in the process of justice because it has a direct impact on a person’s life. The court ordered in this case that the prosecution agencies should take seriously the difficulties caused by the delay in the trials and try to speed up the process of justice. This decision shows the importance of the fundamental rights given by our Constitution. If a person is kept in jail for a long time in the name of justice, it is not only a violation of his personal rights, but it is also a matter of concern for society. We need to understand that the real meaning of justice is to make fair decisions in a timely and correct manner so that no innocent person suffers punishment and faith in the justice system remains.
Disclaimer: This article is written for information purposes. The information given in it is not legal advice. Please contact a lawyer for proper advice on any legal matter.
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